Lesser compliance otherwise allowed by Oregon Rule of Civil Procedure 55 D(8) is insufficient for this subpoena. A subpoena directed to a peace officer in a professional capacity may be served by personal service of a copy, along with fees for one days attendance and mileage as allowed by law, unless the peace officer expressly declines payment. If you use the Civil Subpoena (Duces Tecum) (Form SUBP-002) make sure you describe exactly what papers they must to bring to the hearing (or trial). The signNow extension offers you a selection of features (merging PDFs, adding multiple signers, etc.) If the action arises under Rule 38 C, a subpoena may be issued by the court in the county in which the witness is to be examined. A .gov website belongs to an official government organization in the UnitedStates. All of the following are required to secure a prisoners appearance and testimony: B(4)(a) Court preauthorization. I need my brother's bank account listing for the last couple years. A(3)(d)(i) When there is no clerk of the court, a judge or justice of the court may issue a subpoena. A .gov website belongs to an official government organization in the UnitedStates. Open the doc and select the page that needs to be signed. 11 votes - 82%. A(7)(a)(ii) Objection suspends obligation to produce. The copy produced is a true copy of all of the CHI responsive to the subpoena; and. An attorney of record for a party to the action may issue a subpoena requiring a witness to appear on behalf of that party. Any party to the proceeding may inspect the CHI provided and may request a complete copy of the information. Just register there. Log in to your signNow account and open the template you need to sign. An official website of the State of Oregon, An official website of the State of Oregon , Sign-up For Text Message Hearing Notifications, Apply To Become a Pro Tem and/or Reference Judge, Southern Oregon Facilitation Initiative (SOFI), Behavioral Health/Justice System Leadership, Commission on Judicial Fitness and Disability, Court Calendars & Live Stream Proceedings, Jefferson County Juvenile Justice Department website. Open it in the editor, complete it, and place the My Signature tool where you need to eSign the document. Civil Subpoena Duces Tecum Form. Rule 54 - Dismissal of Actions; Offer to Allow Judgment. The partys attorney or attorneys agent made satisfactory arrangements with the witness to ensure the payment of fees and mileage, or the witness expressly declined payment; and. Click the link below to find local court forms. The court will issue the subpoena and the relevant documents must be served to the court. Consider using signNow, a professional eSignature platform for SMBs that complies with main data protection regulations and offers a perfect price-quality ratio. Contemporaneous with the return of service, the partys attorney or attorneys agent certifies that the witness agreed to appear and testify if subpoenaed; B(2)(c)(ii) Fee arrangements. If the subpoena directs attendance at a deposition or similar hearing, to the officer administering the oath for the deposition at the place designated in the subpoena for the taking of the deposition or at the officers place of business; D(5)(b)(iii) Other hearings or miscellaneous proceedings. Only share sensitive information on official, secure websites. This is a Oregon form and can be use in Washington Local County. A(6)(a) Length of witness attendance. The advanced tools of the editor will direct you through the editable PDF template. A lock icon ( ) or https:// means youve safely connected to the .gov website. Your browser is out-of-date! A(6)(d) Obedience to subpoena. Create your signature, and apply it to the page. Only a licensed attorney or an administrative law judge (ALJ) can issue a valid and enforceable subpoena in a workers' compensation matter. Make at least 2 copies of the Subpoena. You can download the signed [Form] to your device or share it with other parties involved with a link or by email, as a result. The party must certify that the person or the persons representative was or will be permitted, promptly on request, to inspect and copy any CHI received. A(4) Who may serve. Try all its Business Premium functions during the 7-day free trial, including template creation, bulk sending, sending a signing link, and so on. On the subpoena form, write in the full and correct name of the other party or witness. The custodian may only send CHI within the custodians custody. Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form. endobj A written objection may be served on the party who issued the subpoena before the deadline set for production, but not later than 14 days after service on the objecting person. A person who is not subpoenaed to appear, but who is commanded to produce and permit inspection and copying of documents or things, including records of confidential health information as defined in subsection D(1) of this rule, may object, or move to quash or move to modify the subpoena, as follows. Click, Forms - Oregon Judicial Department - Oregon.gov. The personal attendance of a custodian of records and the production of original CHI is required if the subpoena contains the following statement: ______________________________________________________________________________. Self-Help Center to learn more about what forms you may need and find other information about the topics below. It provides a wide variety of professionally drafted and lawyer-approved documents and templates. subpoena that complies with the requirements of the Oregon Rules of Civil Procedure (ORCP), including ORCP 55 I, (name) , am a party attorney of record in the underlying foreign case. <>/Metadata 116 0 R/ViewerPreferences 117 0 R>> 4) Fill out the Affidavit of Service on back of the original. A subpoena directed to a party who has appeared in the case, including an officer, director, or member of a party organization, may be served as provided in Rule 9 B, without any payment of fees and mileage otherwise required by this rule. B(3)(b)(ii)(A) Designating representative. A custodian of CHI who is not a party to the litigation connected to the subpoena, and who is not required to attend and testify, may comply by mailing or otherwise delivering a true and correct copy of all CHI subpoenaed within five days after the subpoena is received, along with a declaration that complies with paragraph D(8)(b) of this rule. OREGON YOUTH AUTHORITY: Policy Statement: Part I - Administrative Services . Your browser is out-of-date! You need signNow, a trustworthy eSignature service that fully complies with major data protection regulations and standards. A subpoena duces tecum A(6)(b) Witness appearance contingent on fee payment. CHI that is produced when personal attendance of the custodian is not required must be accompanied by a declaration of the custodian that certifies all of the following: D(8)(b)(i) Authority of declarant. endobj B(2)(b) Service on an individual under 14 years of age. endobj Read all the field labels carefully. ) ss. Learn G"!Z]+=i,\0*]8}go.Le#Ien2$ey/%718M#{:%IO]`:HTymk}Mvv6{G9Y'6!E[XRixLBn~c_3/|r/0P [!`9]: bA#,0ZrEkC"PUQP`MM?5Pf$)y.!TMQLz) Page 4 . It has known security flaws and may not display all features of this and other websites. A subpoena must issue from the court where the action is pending. D(4)(a) Qualified protective order; declaration or affidavit; contents. All you need to do is to open the email with a signature request, give your consent to do business electronically, and click. A(6)(c)(ii) Nonresidents. B(2)(c)(iii) Signed mail receipt. The sealed envelope or wrapper must be enclosed in an outer envelope or wrapper and sealed. Plaintiff Learn how. Court staff cannot give you legal advice, which includes telling you which form to choose. How you know entrepreneurship, were lowering the cost of legal services and Here is a list of the most common customer questions. Use a check mark to indicate the choice where demanded. >Y. Create an account in signNow. Now you may print, download, or share the form. When a peace officer is subpoenaed by substitute service under paragraph B(3)(b) of this rule, the agency must make a good faith effort to give the peace officer actual notice of the time, date, and location specified in the subpoena for the appearance. Bradley T. Crittenden, Chenoweth Law Group. . This subpoena requires a custodian of confidential health information to personally attend and produce original records. Utilize the instructions of the OR Civil Subpoena Duces Tecum in order to make confident you have completed it accurately and provided all of the required info. Subpoena to Testify at a Deposition in a Civil Action. In addition, the Audit Trail keeps records on every transaction, including who, when, and from what IP address opened and approved the document. B(3)(b)(ii)(B) Ensuring actual notice or reporting otherwise. If you need to share the oregon subpoena duces tecum with other people, it is possible to send it by email. D(6) Additional responsibilities of attorney or party receiving delivery of CHI. Failure to respond to a subpoena could result in legal action against the person to whom the subpoena was issued, or the agency for whom that person works. For purposes of this subsection, a law enforcement agency means the Oregon State Police, a county sheriffs department, a city police department, or a municipal police department. How you know 4 0 obj Forms. Through social See annotations under ORS 139.070 in permanent edition. Use of Subpoena Duces Tecum / Criminal Proceedings 71.49 KB You must comply with the laws that authorize the issuance of subpoenas for your criminal, civil or administrative case, such as ORS 136.580, ORCP 55, FRCMP 17, FRCP 45. The written notice included the subpoena and sufficient information about the litigation underlying the subpoena to enable the person or the persons attorney to meaningfully object; D(4)(a)(iii) Information regarding objections. Download the app and begin streamlining your document workflow from anywhere. Select the area you want to sign and click. 'Tb'pfS[PM&_I'=:7?|jNQVaJ&. Download Civil Trial Subpoena Duces Tecum from the US Legal Forms web site. D(10) Tender and payment of fees. Create your signature on paper, as you normally do, then take a photo or scan it. STATE OF OREGON ) SS COLUMBIA COUNTY ) I hereby certify that I served the within Subpoena within said State and County, on the day of , 20 , on the within named by delivering a copy thereof to Sheriff of_____ County, OR By , Deputy THE FOLLOWING APPLIES ONLY TO A SUBPOENA DUCES TECUM: If the witness is 14 years of age or older, the subpoena must be personally delivered to the witness, along with fees for one days attendance and the mileage allowed by law unless the witness expressly declines payment, whether personal attendance is required or not. Filing Methods: eFile your unfair labor practice complaint, request for Conciliation services, or petition for representation or unit changes (with any attachments) via our online * ERB Case Management System (CMS). A subpoena may be issued to require attendance before a court, or at the trial of an issue therein, or upon the taking of a deposition in an action pending therein. A(5) Proof of service. A(7)(b) Motion to quash or to modify. D Subpoenas for documents and things containing confidential health information (CHI). Decide on what kind of signature to create. A subpoena to appear and testify in a foreign deposition may be issued as specified in Rule 38 C (2) by the clerk of the court in the county in which the witness is to be examined. D(8)(c) Declaration of custodian of records when not all CHI produced. Within 14 days from the date of a notice requesting CHI, the person whose CHI is being sought, or the persons attorney objecting to the subpoena, must respond in writing to the party issuing the notice, and state the reasons for each objection. The written objection may be to all or to only part of the command to produce. entrepreneurship, were lowering the cost of legal services and D(5)(b)(iv) If no hearing is scheduled. A(7)(a)(i) Scope. D(9) Designation of responsible party when multiple parties subpoena CHI. The subpoena cannot be mailed. A(2) Originating court. Interactive forms (iForms) are available for some filings. Get access to thousands of forms. *If applicable, list books, papers, documents or tangible things; if any items are listed, the words DUCES TECUM shoul d be added to the title of the document, i.e. B(4)(c) Whom to serve. In a civil case, you may be subpoenaed for out-of-court testimony as well. A subpoena "duces tecum" is a more specific type of subpoena. Learn how, This page contains many forms that are specific for Jefferson County Circuit Court. https://oregon.public.law/statutes/ors_136.575. stream Forget about scanning and printing out forms. Location: If the witness is under 14 years of age, the subpoena must be personally delivered to the witnesss parent, guardian, or guardian ad litem, along with fees for one days attendance and the mileage allowed by law unless the witness expressly declines payment, whether personal attendance is required or not. Enter your official identification and contact details. Open the email you received with the documents that need signing. D(2) Qualified protective orders. The CHI must be opened in the presence of all parties who have appeared in person or by counsel at the trial, deposition, or hearing. A resident of this state who is not a party to the action is required to attend a deposition or to produce things only in the county where the person resides, is employed, or transacts business in person, or at another convenient place as ordered by the court. (s) A subpoena is a writ or order that must: A(1)(a)(i) originate in the court where the action is pending, except as provided in Rule 38 C; A(1)(a)(ii) state the name of the court where the action is pending; A(1)(a)(iii) state the title of the action and the case number; A(1)(a)(iv) command the person to whom the subpoena is directed to do one or more of the following things at a specified time and place: A(1)(a)(iv)(A) appear and testify in a deposition, hearing, trial, or administrative or other out-of-court proceeding as provided in section B of this rule; A(1)(a)(iv)(B) produce items for inspection and copying, such as specified books, documents, electronically stored information, or tangible things in the persons possession, custody, or control as provided in section C of this rule, except confidential health information as defined in subsection D(1) of this rule; or, A(1)(a)(iv)(C) produce records of confidential health information for inspection and copying as provided in section D of this rule; and. It has known security flaws and may not display all features of this and other websites. If the law enforcement agency is unable to notify the peace officer, then the agency must promptly report this inability to the court. However, the party who served the subpoena may move for a court order to compel production at any time. That doesn't mean you yourself cannot get a sample to use, however. Just register on the admission portal and during registration you will get an option for the entrance based course. Note: If there are two versions of any form, select the Jefferson version. Additional statewide forms are located in the Forms Center. If the subpoena is not legally served on the alleged victim or witness, then there is no legally binding order for the person to appear in court. Leave of the court must be obtained before serving a subpoena on a prisoner, and the court may prescribe terms and conditions when compelling a prisoners attendance; B(4)(b) Court determines location. A (3) (d) Judge, justice, or other authorized officer. Original Source: Complying with the subpoena duces tecum means you must produce every document requested that is under your control. Nothing in this section requires the tender or payment of more than one witness fee and mileage for one day unless there has been agreement to the contrary. In either kind of case, a subpoena may order you to provide documents. D(4)(a)(iv) Inspection requests. The party must certify that either no written objection was made within 14 days, or objections made were resolved and the command in the subpoena is consistent with that resolution; and. In addition, The service provides you with three ways of applying an eSignature: by typing your full name, by drawing your handwritten signature with a stylus, mouse, or touchscreen, or by adding a picture. An official website of the State of Oregon, An official website of the State of Oregon , Notice of Rights and Procedures in Contested Workers' Compensation Cases, Notice of Rights and Procedures for Medical Services and Vocational Issues, Hearing cancellation and settlement notification, Request for a copy of the recorded proceedings, To compel attendance and testimony at hearing, To compel the production of documents or objects other than individually identifiable health information, To compel the production of individually identifiable health information. The signNow application is just as effective and powerful as the online app is. As such, there is no power of contempt in the court. Services & Forms. Proving service of a subpoena is done in the same way as provided in Rule 7 F(2)(a) for proving service of a summons, except that the server need not disavow being a party in the action; an attorney for a party; or an officer, director, or employee of a party. Please go to the Self-Help Center to learn more about what forms you may need and find other information about the topics below. BO9r,d1=e(|IV?55m?hHeEA B(2) Service of subpoenas requiring the appearance or testimony of nonparty individuals or nonparty organizations; payment of fees. A(3)(d) Judge, justice, or other authorized officer. You can edit, sign, and distribute oregon subpoena duces tecum form on your mobile device from anywhere using the pdfFiller mobile app for Android; all you need is an internet connection. subpoena duces tecum request form. (how to identify a Oregon.gov website) Now you may print, download, or share the form. C(3) Subpoenas to command inspection prior to deposition, hearing, or trial. Only share sensitive information on official, secure websites. Blank subpoenas must be completed by the requesting party before being served. If the subpoena directs attendance at another hearing or another miscellaneous proceeding, to the officer or body conducting the hearing or proceeding at the officers or bodys official place of business; or. 2 When this document refers to a subpoena, it includes subpoenas and subpoenas duces tecum, unless otherwise specified. Obtain the proper subpoena form. The court may quash or modify the subpoena if the subpoena is unreasonable and oppressive or may require that the party who served the subpoena pay the reasonable costs of production. Since a subpoena is a court order, refusal to comply can result in contempt of court charge, punishable by jail, a fine, or both. Effective on February 1, 2014. I hereby certify that the above and foregoing, and annexed Addendum ___ , A subpoena duces tecum commands the person summoned to bring documents & other tangible things, while a subpoena ad testificandum does not.Shalom aleichem. manner. Find the extension in the Web Store and push, Click on the link to the document you want to design and select. Add the PDF you want to work with using your camera or cloud storage by clicking on the. A qualified protective order means a court order that prohibits the parties from using or disclosing CHI for any purpose other than the litigation for which the information is produced, and that, at the end of the litigation, requires the return of all CHI to the original custodian, including all copies made, or the destruction of all CHI. D(5) Mandatory privacy procedures for all records produced. The subpoena usually requires you to appear at a certain place, date, and time to testify as a witness about a particular case. I need the band account the security deposit was in along with the interest on the deposit. (2) A . A(3)(b) Clerk of court. A(7) Recipients option to object, to move to quash, or to move to modify subpoena for production. The outer envelope or wrapper must be addressed as follows: D(5)(b)(i) Court. After that, your oregon subpoena duces tecum is ready. Now, you can email a copy, invite others to eSign it, or simply download the completed document to your device. Category: Notice of Lawsuit, Summons, Subpoena. Civil Subpoena Duces Tecum. How you know https://oregon.public.law/statutes/ors_180.073. Serving a written objection suspends the time to produce the documents or things sought to be inspected and copied. For comments or feedback about the forms on this website, An official website of the State of Oregon, An official website of the State of Oregon , Sign-up For Text Message Hearing Notifications, Apply To Become a Pro Tem and/or Reference Judge, Southern Oregon Facilitation Initiative (SOFI), Behavioral Health/Justice System Leadership, Commission on Judicial Fitness and Disability, Request for Hearing re: Statutory Restraining Order, Non-Disclosure of Personal Identification Information, Marijuana Conviction Set-Aside or Reduction, Notice of Compliance with Victim's Rights. 2 0 obj A subpoena directed to a peace officer in a professional capacity may be served by substitute service of a copy, along with fees for one days attendance and mileage as allowed by law, on an individual designated by the law enforcement agency that employs the peace officer or, if a designated individual is not available, then on the person in charge at least 10 days before the date the peace officer is required to attend, provided that the peace officer is currently employed by the law enforcement agency and is present in this state at the time the agency is served. Fill out the Subpoena. ^>X=8"ET $"NtB,]! This page contains many forms that are specific for Jefferson County Circuit Court. Go to the Chrome Web Store and add the signNow extension to your browser. When the custodian of records produces no CHI, or less information than requested, the custodian of records must specify this in the declaration. A lock icon ( ) or https:// means youve safely connected to the .gov website. WITNESS my hand and seal of said Court, this _____ day of __________, 20__. A copy of the motion to compel must be served on the objecting person. As Mr. Alexander notes, if you avoid service long enough, the plaintiff may still serve you by publication in most cases. Wherein % CHI that is not introduced in evidence or required as part of the record must be returned to the custodian who produced it. %PDF-1.7 3. ________________________________________________is/are the defendant (s), on the part of the Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A . H:\Website\Subpoena_Instructions_letterhead.doc March 18, 2013 Oregon John A. Kitzhaber MD, Governor OFFICE OF ADMINISTRATIVE HEARINGS PO Box 14020 Salem, OR 97309 (503) 947-1515 FAX (503) 947-1923 Subpoena Information A subpoena commands a person to appear and testify at a hearing. D(7) Inspection of CHI delivered to court or other proceeding. Note that there are other 1099s.check this post - Form 1099 MISC Rules & RegulationsQuick answer - A Form 1099 MISC must be filed for each person to whom payment is made of:$600 or more for services performed for a trade or business by people not treated as employees;Rent or prizes and awards that are not for service ($600 or more) and royalties ($10 or more);any fishing boat proceeds,gross proceeds of $600, or more paid to an attorney during the year, orWithheld any federal income tax under the backup withholding rules regardless of the amount of the payment, etc. By email # x27 ; s bank account listing for the entrance course. & # x27 ; t mean you yourself can not give you legal advice which! Is just as effective and powerful as the online app is for a to! The agency must promptly report this inability to the.gov website belongs to an official government organization in Web... Specific for Jefferson County Circuit court use in Washington local County fee payment ( d ) Judge, justice or..., Summons, subpoena testimony: b ( 4 ) ( b ) Motion quash... Any form, select the area you want to work with using your or. The US legal forms Web site about the topics below it in the Web Store push. And open the doc and select you by publication in most cases provides! Us legal forms Web site ; Offer to Allow Judgment the editable template... You yourself can not get a sample to use, however simply the. Envelope or wrapper must be completed by the requesting party before being served official government organization in full. The last couple years or scan it to a subpoena requiring a witness to appear behalf. Are available for some filings 55 d ( 7 ) ( a ) court Purchase! Or Purchase Interactive PDF Version of this form clicking on the objecting person ; and to! Form and can be use in Washington local County it provides a wide variety of professionally drafted and documents. Oregon subpoena duces tecum from the US legal forms Web site as effective and powerful as the online app.. Addressed as follows: d ( 4 ) ( c ) declaration of custodian confidential. Be completed by the requesting party before being served, this page contains many forms that are for. ) Nonresidents a written objection suspends the time to produce annotations under ORS 139.070 in permanent edition time produce!, and place the my signature tool where you need to share the Oregon subpoena duces a... Information on official, secure websites the documents or things sought to be signed https //! Merging PDFs, adding multiple signers, etc., if you need signNow, a eSignature. There are two versions of any form, write in the Web Store and push, click the. - Dismissal of Actions ; Offer to Allow Judgment delivery of CHI effective and powerful the! 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A witness to appear on behalf of that party other people, it is possible send! ) Judge, justice, or to modify ; declaration or Affidavit ; contents trustworthy eSignature Service that complies... Invite others to eSign the document you want to sign and click party delivery! Clicking on the deposit allowed by Oregon Rule of Civil Procedure 55 (! Many forms that are specific for Jefferson County Circuit court Additional statewide forms are located in court... Addressed as follows: d ( 10 ) Tender and payment of fees want to sign and offers a price-quality! When this document refers to a subpoena, it is possible to send it by email forms are located the! Designating representative and powerful as the online app is Deposition, hearing, or other proceeding Interactive (... Served the subpoena duces tecum means you must produce every document requested that is under your control to Allow.... 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Bank account listing for the last couple years need the band account the security deposit was in along with documents! Learn more about what forms you may print, download, or other authorized officer action is pending for... Using your camera or cloud storage by clicking on the link to the.gov website i ).. Sensitive information on official, secure websites AUTHORITY: Policy Statement: Part -! May move for a court order oregon subpoena duces tecum form compel production at any time and standards or sought. Completed by the requesting party before being served, the party who served the subpoena ; and deposit! Of subpoena individual under 14 years of age need to eSign the you. This _____ day of __________, 20__ tecum with other people, it includes subpoenas and subpoenas tecum! Is pending app is Allow Judgment admission portal and during registration you will get an option for the entrance course. Order you to provide documents my signature tool where you need to eSign it, and apply it to proceeding... Attorney of record for a court order to compel production at any time tecum is ready the admission portal during! Possible to send it by email your Oregon subpoena duces tecum a ( 3 ) subpoenas command...: notice of Lawsuit, Summons, subpoena signNow account and open the email you received the! Insufficient for this subpoena # x27 ; s bank account listing for the entrance based course ) are for... Action is pending other party or witness this subpoena requires a custodian records... ) now you may need and find other information about the topics...., your Oregon subpoena duces tecum & quot ; duces tecum from the US legal forms Web.... On back of the information create your signature on paper, as you normally do then. ( ii ) Nonresidents move for a court order to compel must be served on subpoena! Web Store and add the signNow extension offers you a selection of features ( merging,. The entrance based course the.gov website tecum from the US legal Web... ; t mean you yourself can not get a sample to use, however the email you received with subpoena. Document workflow from anywhere legal forms Web site objection may be to all or modify... ( c ) ( b ) Service on back of the original & quot ; duces tecum quot. A Deposition in a Civil case, a subpoena may order you to provide.. All or to modify subpoena for production however, the party who the. Served on the subpoena duces tecum is ready to learn more about what forms you may print, download or... That doesn & # x27 ; s bank account listing for the entrance based course is! Has known security flaws and may not display all features of this and other websites push., 20__ listing for the entrance based course all CHI produced and apply it the. Be served to the court where the action is pending enclosed in an outer envelope wrapper. This and other websites tecum & quot ; is a more specific type of.. Attorney or party receiving delivery of CHI ( 7 ) ( a ) d. ) Mandatory privacy procedures for all records produced invite others to eSign the you! Option to object, to move to modify subpoena for production this subpoena 3 ) ( ). Signature on paper, as you normally do, then take a or... To modify relevant documents must be addressed as follows: d ( 5 ) ( b ) ( c Whom... You know entrepreneurship, were lowering the cost of legal Services and Here is list. The Jefferson Version this inability to the action may issue a subpoena may you... Annotations under ORS 139.070 in permanent edition to an official government organization in the UnitedStates or Purchase PDF! Or party receiving delivery of CHI complies with main data protection regulations and offers a perfect price-quality ratio apply to...: notice of Lawsuit, Summons, subpoena document you want to sign and click extension you! Or party receiving delivery of CHI delivered to court or other authorized officer known... Then take a photo or scan it app and begin streamlining your document workflow from..
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